Section 33-24-06-03 - Signatories to permit applications and reports1.Applications. All hazardous waste permit applications must be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section a responsible corporate officer means:(1) A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or(2) The manager of one or more manufacturing, production, or operating facilities employing more than two hundred fifty persons or having gross annual sales or expenditures exceeding twenty-five million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. NOTE: The department does not require specific assignments or delegations of authority to responsible corporate officers identified in paragraph 1. The department will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the department to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under paragraph 2 rather than to specific individuals.
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes:(1) The chief executive officer of the agency; or(2) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.2.Reports. All reports required by permits, and other information requested by the department must be signed by a person described in subsection 1, or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in subsection 1;b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and c. The written authorization is submitted to the department.3.Changes to authorization. If an authorization under subsection 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection 2 must be submitted to the department prior to or together with any reports, information, or applications to be signed by an authorized representative.4.Certification.a. Any persons signing a document under subsection 1 or 2 shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
b. For remedial action plans under sections 33-24-06-30 through 33-24-06-35, if the operator certifies according to subdivision a, then the owner may make the following certification instead of the certification in subdivision a: Based on my knowledge of the conditions of the property described in the remedial action plan and my inquiry of the person or persons who manage the system referenced in the operator's certification, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
N.D. Admin Code 33-24-06-03
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; January 1, 1994; July 1, 1997; December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05